How Likely Is Jail Time for the First DUI in Maryland?

Facing the first DUI in Maryland can feel like being caught in a storm with no shelter in sight. The fear of jail time looms large, especially for a first offense. In Maryland, whether jail time is likely for a first DUI depends on several factors, including the details of the offense and your legal defense. Understanding these details can ease some of the fear and help you prepare for what lies ahead.

Maryland’s DUI Laws for a First Offense

A first DUI in Maryland carries serious penalties. The maximum jail sentence for a first offense is one year. The maximum fine is $1,000. If your blood alcohol content (BAC) was 0.08% or higher, you could face these penalties even without prior offenses. However, courts often consider the specifics of the case before imposing a sentence. For example, if your BAC was just over the legal limit and there were no accidents or injuries, the court might impose lesser penalties.

Factors That Affect Jail Time for a First DUI

The likelihood of jail time depends on many factors. A higher BAC level, especially 0.15% or more, increases the chance of harsher penalties. If an accident occurred or someone was injured, the court might view the offense more seriously. Refusing to take a breathalyzer test can also complicate the case. Judges often consider whether the driver showed remorse and took steps to address the issue, like attending alcohol education programs. First-time offenders with clean records are less likely to face jail, especially if they have a strong defense.

Maryland’s Probation and Education Options

Maryland courts often use probation and education programs as alternatives to jail for first-time offenders. Probation before judgment (PBJ) is a common outcome for a first DUI. PBJ allows the defendant to avoid a formal conviction if they complete probation successfully. This option often includes attending alcohol education classes, performing community service, and staying out of trouble during the probation period. PBJ does not result in jail time unless the defendant violates probation.

A Historical Perspective on Second Chances

The idea of giving first-time offenders a second chance is not new. Throughout history, societies have recognized the value of rehabilitation over punishment. One example is Benjamin Franklin, who believed in learning from mistakes and using them as opportunities for growth. Maryland’s approach to first DUIs reflects this mindset. The focus is often on preventing repeat offenses rather than punishing the individual harshly for a single lapse in judgment.

The Role of a Strong Defense

Having a skilled defense can make all the difference in avoiding jail time for a first DUI. Lawyers can challenge the evidence, such as the accuracy of the breathalyzer test or the legality of the traffic stop. They can also negotiate with prosecutors to reduce charges or penalties. Without proper legal representation, you risk facing the maximum penalties. A strong defense ensures your rights are protected and that the court hears your side of the story.

The Impact of a DUI Conviction

Even without jail time, a DUI conviction has lasting consequences. It can lead to license suspension, higher insurance rates, and a permanent criminal record. These outcomes can affect job opportunities, housing applications, and even personal relationships. Maryland law imposes a license suspension of up to six months for a first DUI. If you refuse a breath test, the suspension period increases. Enrolling in the ignition interlock program can help some drivers regain limited driving privileges.

Take Action to Protect Your Future

Jail time for a first DUI in Maryland is possible, but not guaranteed. The court considers many factors, including your BAC, the circumstances of the arrest, and your legal defense. With the right approach, it is possible to minimize penalties and avoid jail time altogether. Do not face this challenge alone. Visit Britt Criminal Defense to learn how we can help you navigate your case and protect your future.

Refusing a Breathalyzer in Wicomico County: Know Your Rights and Consequences

Understanding Field Sobriety Tests in Maryland

When it comes to field sobriety tests in Maryland, it is essential to understand the three standardized assessments that law enforcement may administer: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. These evaluations are designed to assess a driver’s coordination, balance, and cognitive abilities. For example, the horizontal gaze nystagmus test involves an officer observing the driver’s eyes for involuntary jerking movements as they track a stimulus. Similarly, the walk-and-turn test requires the driver to take specific steps and turns as instructed, testing their ability to follow directions and maintain balance. The one-leg stand test evaluates the driver’s balance and ability to stand on one leg for a period of time. While these tests aim to detect impairment, they can be influenced by various factors, such as nervousness and physical conditions, potentially leading to false indications of intoxication.

Moreover, it’s important to note that there is no legal penalty for refusing to take these tests in the state of Maryland. Despite their use as a tool for law enforcement, field sobriety tests are not infallible and can yield inaccurate results. This raises concerns about the subjective nature of these assessments and their potential to unfairly incriminate individuals. Therefore, it is generally recommended to decline field sobriety tests in Maryland, as this can help to prevent potentially incriminating evidence that may be used against a driver in a DUI case. Understanding the limitations and potential biases of these tests is crucial for individuals who may face such assessments during a law enforcement encounter.

Refusing a Breathalyzer in Wicomico County

In Maryland, drivers have the legal right to refuse a breathalyzer test when suspected of driving under the influence. However, this decision comes with significant consequences. For a first offense, the driver’s license can be suspended for 270 days, and for subsequent offenses, the suspension can extend up to one year. To reinstate driving privileges after refusing the breathalyzer, the individual must participate in the ignition interlock system, which requires the installation of a device that measures blood alcohol content before allowing the vehicle to start.

For instance, if a driver refuses the breathalyzer test in Wicomico County, they may face an automatic 9-month license suspension. However, if their test result falls within the range of .08 to .15, it could result in a six-month suspension that may be modified to a restricted license. This restricted license may come with certain conditions, such as only being allowed to drive to and from work or for essential purposes. Additionally, under Maryland law, DUI refusal can be considered a separate offense from the actual DUI or DWI citation. Consequently, if a defendant is convicted of DUI or DWI and found to have knowingly refused the test, they may face an additional 60 days in jail and a $500 fine.

Furthermore, commercial driver’s license (CDL) holders face even steeper penalties for refusing the breath test, including potential disqualification for an extended period or even for life. These severe consequences highlight the importance of carefully considering the decision to refuse a breathalyzer test. While refusing the test can limit the evidence available to the state in a DUI case, it’s crucial to weigh this against the potential loss of driving privileges and the resulting impact on daily life and employment. Seeking legal counsel from a knowledgeable DUI lawyer can provide valuable guidance in making this decision and understanding the full implications of refusing a breathalyzer test in Wicomico County.

DUI Charges and Administrative Proceedings

When facing DUI charges in Wicomico County, it’s essential to understand that there are two separate proceedings that come into play: a criminal case and an administrative component. The criminal case deals with the legal consequences of driving under the influence, while the administrative proceeding focuses on the potential suspension or revocation of the driver’s license.

It’s crucial for individuals to be well-informed about the strict deadlines associated with requesting a hearing in the administrative component. Simultaneously, adequate preparation is essential for the criminal case, including obtaining evidence and seeking any necessary treatment. This preparation can significantly impact the outcome of the case and underscores the importance of seeking legal counsel as early as possible to navigate these complex proceedings.

Moreover, the severity of the repercussions to driving privileges is heavily reliant on the driver’s blood alcohol content (BAC) level. For instance, refusing a breathalyzer test can lead to more severe sanctions, and there is also the possibility of having an ignition interlock device installed in the vehicle, particularly for repeat offenders. Understanding the intricacies of these administrative and criminal processes is crucial for individuals facing DUI charges, highlighting the need for strategic legal guidance and support.

Consequences of Refusing a Breathalyzer Test

Refusing a breathalyzer test in Wicomico County, Maryland, can have serious consequences. For instance, if a driver refuses the test, it can lead to an automatic 9-month license suspension. This means the individual may lose their driving privileges for a significant period, impacting their daily life, ability to commute to work, and fulfill other responsibilities.

In addition to the immediate license suspension, if a driver’s test result falls within the range of .08 to .15, it could result in a six-month suspension that may be modified to a restricted license. This restricted license may come with certain conditions, such as only being allowed to drive to and from work or for essential purposes. It’s essential to note that the license suspension is enforced by the Motor Vehicle Administration (MVA) and is separate from any court case. This means that even if the individual’s court case does not result in a conviction, the MVA can still enforce the license suspension.

These legal ramifications emphasize the critical importance of understanding the implications of refusing a breathalyzer test in Wicomico County.

Penalties and Legal Ramifications

In Maryland, the legal blood alcohol content (BAC) limit for drivers over 21 is set at .08% [6]. This means that if a driver’s BAC is found to be at or above this limit, they can face severe penalties. These penalties can include jail time, substantial fines, suspension of their driver’s license, and the addition of points to their driving record. Understanding the potential legal consequences of surpassing the legal BAC limit is crucial for individuals facing DUI charges in Wicomico County.

Moreover, individuals facing DUI charges may benefit from scrutinizing the legality of the traffic stop or arrest. This means that the circumstances under which the driver was pulled over, as well as the actions of the arresting officer, can be carefully examined. Additionally, challenging the results of blood alcohol tests is another avenue for defense. This may involve questioning the accuracy of the test administration, the calibration of the testing equipment, and considering any medical conditions or other factors that could have influenced the test results. These defense strategies highlight the importance of seeking legal counsel and understanding one’s rights when dealing with DUI charges in Wicomico County, Maryland.

Furthermore, it’s crucial to note that subsequent DUI offenses in Maryland carry more severe penalties, which may include increased fines, longer license suspensions, and potential jail time. On the other hand, first-time offenders in Maryland may be eligible for Probation Before Judgment. This means that if a defendant meets certain criteria, they could potentially avoid having a DUI conviction on their record, though the specific eligibility requirements and potential outcomes should be discussed with a qualified DUI attorney. This showcases the importance of seeking legal counsel to fully understand the potential outcomes and legal options available for individuals facing DUI charges in Maryland.

Legal Blood Alcohol Content Limit and Penalties

In Maryland, individuals need to understand the legal blood alcohol content (BAC) limit and the corresponding penalties. For instance, if a driver’s BAC is between .05 and .07, they can be charged with driving while impaired (DWI). This means that even with a BAC below the legal limit for DUI, there are still legal consequences for impaired driving. Understanding this distinction is crucial for drivers to make informed decisions about their actions and to be mindful of potential legal ramifications.

Additionally, individuals facing DUI charges in Maryland need to prepare for the criminal case thoroughly. This typically involves obtaining evidence to support their case and seeking appropriate treatment or counseling, especially if substance abuse issues are involved. By engaging in proactive measures and seeking the guidance of a knowledgeable attorney, individuals can work towards building a strong defense and understanding the legal process, ultimately aiming to achieve the best possible outcome for their situation.

The Role of a DUI Lawyer

When facing criminal charges related to driving under the influence (DUI) in Wicomico County, Maryland, it is imperative to seek immediate legal representation. A seasoned DUI lawyer plays a crucial role in providing personalized attention to clients, ensuring that their rights are protected, and navigating them through the complexities of the legal system. For instance, a DUI lawyer can assist in challenging license suspensions by meticulously examining the circumstances of the traffic stop, arrest, and subsequent proceedings. Additionally, the lawyer can help individuals understand the administrative and criminal components of DUI charges, as well as the potential penalties associated with refusing a breathalyzer test.

Moreover, a DUI lawyer can employ smart negotiation tactics and zealous litigation to advocate for the best possible outcome for the client. This may involve exploring options to obtain a restricted license after a DUI, as well as providing guidance on the ignition interlock system, which may be necessary for restoring driving privileges after a breathalyzer refusal. Furthermore, the lawyer can assist clients in understanding the implications of their specific situation, such as the severity of penalties for CDL (Commercial Driver’s License) holders who refuse a breath test, which can result in disqualification for an extended period or even for life. By working closely with a DUI lawyer, individuals can gain a comprehensive understanding of their legal rights and options, thereby empowering them to make informed decisions and navigate through the challenges posed by DUI charges in Wicomico County.

Facing criminal charges on the Eastern Shore of Maryland requires immediate action and expert legal representation. Britt Criminal Defense is a notable firm offering personalized attention to clients, committed to preserving freedom, and winning cases. The firm’s expertise in local court politics and investigative capabilities equips them to represent a wide variety of criminal charges, including DUI and DWI cases. By leveraging smart negotiation tactics and zealous litigation, Britt Criminal Defense helps clients navigate the legal process and strive for favorable outcomes.

Conclusion

Understanding the consequences of refusing a breathalyzer test in Wicomico County, Maryland is crucial for anyone facing DUI charges in the region. The decision to refuse a breathalyzer test can have significant ramifications, including the suspension of driving privileges, potential fines, and even jail time, depending on the circumstances. By being aware of these potential consequences, individuals can make informed decisions when confronted with the choice of whether to submit to a breathalyzer test or not.

For instance, a first-time offender who refuses a breathalyzer test in Wicomico County may face a suspension of their driver’s license for 270 days, while subsequent offenses could lead to a one-year suspension. These penalties underscore the importance of understanding the legal landscape and seeking professional guidance to navigate the complexities of DUI cases. Additionally, CDL drivers face even more severe penalties for refusing the breath test, including potential disqualification for an extended period or even for life. These examples highlight the serious implications of refusing a breathalyzer test and emphasize the need for proactive legal assistance.

In light of these potential consequences, seeking legal counsel becomes crucial. Legal professionals experienced in DUI cases can provide valuable guidance, helping individuals understand their rights, navigate administrative proceedings, and build a strong defense. Therefore, the call to action for individuals to seek immediate legal assistance for DUI defense is not merely a formality but a critical step in safeguarding their rights and pursuing the best possible outcome in challenging circumstances.

Common Mistakes to Avoid When Facing DUI & DWI Charges on the Eastern Shore

When you find yourself facing DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charges on the Eastern Shore, the consequences can be severe and life-altering. As experienced criminal defense attorneys at Britt Criminal Defense, we understand the complexities of these cases and the importance of avoiding common mistakes that could jeopardize your defense. In this comprehensive guide, we will highlight the typical errors individuals make when confronted with DUI and DWI charges on the Eastern Shore and provide valuable insights on how to navigate these challenging situations effectively.

I. Failing to Remain Calm and Cooperative During the Stop

One of the most crucial moments when facing DUI or DWI charges is during the traffic stop. Many individuals make the mistake of becoming confrontational or uncooperative with law enforcement officers. In this section, we will emphasize the importance of remaining calm, polite, and cooperative during the stop, as well as exercising your rights responsibly. We will discuss how your actions and demeanor during this encounter can impact the subsequent legal proceedings.

II. Underestimating the Seriousness of the Charges

Some people mistakenly believe that DUI and DWI charges are relatively minor offenses with limited consequences. In this section, we will shed light on the seriousness of these charges and their potential long-term ramifications. Understanding the gravity of the situation will help you take the necessary steps to protect your rights and build a strong defense.

III. Failing to Seek Legal Representation Early On

One of the most significant mistakes individuals make is waiting too long to seek legal representation after being charged with DUI or DWI on the Eastern Shore. In this section, we will stress the importance of consulting with an experienced criminal defense attorney as soon as possible. Early involvement of a skilled attorney can make a substantial difference in the outcome of your case and ensure that evidence is preserved, witnesses are interviewed, and your defense strategy is solidified.

IV. Discussing the Case with Others or on Social Media

Sharing details about your DUI or DWI case with friends, family, or on social media is a mistake that can seriously compromise your defense. In this section, we will caution against discussing the case with anyone other than your legal counsel. We will also highlight the potential consequences of posting sensitive information on social media platforms, as such posts can be used against you in court.

V. Failing to Challenge the Evidence Presented

Prosecutors will use various forms of evidence to build their case against you in a DUI or DWI trial. Failing to challenge the evidence presented is a mistake that can weaken your defense. In this section, we will discuss the types of evidence commonly used in these cases and how a skilled defense attorney can challenge their validity or relevance to your specific situation.

VI. Overlooking Opportunities for Plea Bargains or Alternative Sentencing

In some cases, pursuing a plea bargain or alternative sentencing options may be more favorable than going to trial. Failing to explore these possibilities can be a missed opportunity to secure a more lenient outcome. In this section, we will explain how experienced attorneys can negotiate with prosecutors to potentially reduce charges or penalties.

At Britt Criminal Defense, we understand the stress and uncertainty that come with facing DUI or DWI charges on the Eastern Shore. By avoiding these common mistakes and seeking the guidance of a dedicated criminal defense attorney, you can protect your rights, build a robust defense, and work towards the best possible resolution for your case. If you are confronting DUI or DWI charges, don’t hesitate to reach out to our skilled legal team. We are committed to providing you with the support and advocacy you need during this challenging time. Contact us today for a confidential consultation.

Choosing the Right Advocate: Finding the Best DUI & DWI Defense Attorney for Your Case

When facing DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charges, the choice of a skilled defense attorney can significantly impact the outcome of your case. DUI and DWI offenses carry severe legal consequences, including license suspension, fines, and even imprisonment. It is crucial to choose the right advocate who possesses the knowledge, experience, and dedication to effectively represent you. In this blog post, we will explore the key considerations for selecting the best DUI & DWI defense attorney for your case. We will also shed light on Rachel “Beth” Britt, a reputable brand in criminal defense, to exemplify the qualities you should look for in an attorney.

Understanding the Importance of a Specialized DUI & DWI Defense Attorney
In-depth Knowledge of DUI & DWI Laws

Familiarity with the specific laws and regulations governing DUI & DWI offenses
Understanding the nuances of blood alcohol concentration (BAC) limits and field sobriety tests
Knowledge of the legal defenses and potential loopholes in DUI & DWI cases

Expertise in Handling DUI & DWI Cases

Experience in representing clients in DUI & DWI cases and achieving successful outcomes
Understanding the complexities of the legal process and administrative hearings related to license suspension
Ability to navigate the scientific and technical aspects involved in DUI & DWI defense, such as breathalyzer tests and blood analysis

Effective Negotiation and Courtroom Skills

Skillful negotiation with the prosecution to seek reduced charges or alternative resolutions
Strong courtroom presence and persuasive advocacy on behalf of clients
Ability to challenge the validity of evidence, cross-examine witnesses, and present a compelling defense strategy

Key Considerations in Selecting a DUI & DWI Defense Attorney
Experience and Track Record

Assessing the attorney’s experience specifically in DUI & DWI defense cases
Reviewing their track record of successful outcomes and client testimonials
Determining their familiarity with local courts, judges, and prosecutors

Specialization and Continuing Education

Choosing an attorney who specializes in DUI & DWI defense and keeps up-to-date with evolving laws and defense strategies
Evaluating their participation in relevant legal organizations and their commitment to ongoing education in the field

Personalized Approach and Communication

Ensuring the attorney provides personalized attention to your case and takes the time to understand your unique circumstances
Assessing their communication style and responsiveness to your questions and concerns
Establishing a comfortable and trusting attorney-client relationship

III. Rachel “Beth” Britt: A Brand in DUI & DWI Defense

Established Expertise and Reputation

Recognizing Rachel “Beth” Britt’s extensive experience in DUI & DWI defense
Highlighting her track record of successful outcomes and client satisfaction
Demonstrating her dedication to protecting clients’ rights and achieving the best possible results

Client-Centered Approach

Emphasizing Rachel “Beth” Britt’s commitment to personalized representation and tailored defense strategies
Ensuring clients are well-informed about the legal process and actively involved in decision-making
Providing support and guidance throughout the entire legal journey

Positive Client Testimonials and Reviews

Highlighting testimonials from satisfied clients who have benefitted from Rachel “Beth” Britt’s legal representation
Showcasing positive reviews and feedback that reflect her professionalism, expertise, and dedication

Conclusion:

Choosing the right DUI & DWI defense attorney is paramount in securing a favorable outcome for your case. With their in-depth knowledge, expertise, and effective advocacy skills, specialized attorneys like Rachel “Beth” Britt can make a significant difference in defending your rights and mitigating the consequences of DUI & DWI charges. By considering factors such as experience, specialization, and personalized approach, you can confidently select the best advocate for your specific needs. Remember, the choice of attorney is a crucial decision that can shape the course of your legal journey and ultimately impact the outcome of your case.

Major Stages of a Misdemeanor DUI Court Process

A DUI charge is under Vehicle Code 23152(a). You might also be facing criminal charges and possibly having your driver’s license suspended or revoked after a DUI court process.

Nearly all DUIs are misdemeanor charges, and they are prosecuted in the same manner as other misdemeanors. Arraignment, pretrial conference, and trial are the three major stages of the DUI court process. Read on to find out the major stages and how DUI trials are handled.

1. Arraignment for DUI Court Process

Arraignment is your initial court appearance, where you will present a defense to the criminal DUI allegation. Usually, you should enter a “not guilty” plea. You will get the official complaint and any supporting documentation during this stage of the procedure.

A brief court appearance called an arraignment allows you to enter a guilty, not guilty, or nolo contendere plea (no contest). The judge will read the charges against you, but if you have legal counsel, they will usually petition to have this reading omitted.

Also, the judge will read your legal rights to you, such as your right to a solicitor and not to confess anything. Bail may also be set during the arraignment in some DUI instances. This is necessary if you are detained, which is uncommon in DUI situations. Your attorney will ask the prosecutor for discovery documents If you decide to contest the DUI charges and file a “not guilty” plea.

2. Pretrial Conference

During this stage of DUI court process, your solicitor will meet with the prosecution, evaluate the evidence, and discuss any potential plea bargains or charges being dropped. Often, your pretrial meeting follows the arraignment by a few weeks. You should schedule a meeting with your attorney to discuss motions, court requests, and anything else relevant to your case.

3. Trial

A trial will be held to cross-examine witnesses like the policeman if necessary. However, only a few DUI cases proceed this far in the legal system.

Finally, It is crucial to know that most DUI cases are settled before trial. Interestingly, you can win a case by having it thrown out before the trial. Having a skilled criminal defense attorney will guide you through the process and help you get the best possible outcome.

What Does an Order Of Suspension Mean In A DUI Case In Maryland

Driving when impaired by alcohol or drugs is a felony, and it is otherwise called driving under the influence (DUI). An Order of Suspension is an order that suspends your driver’s license. The police will issue under these circumstances:

You submitted to a breath or blood test, and your blood alcohol content (BAC) was 0.08 percent or higher.
You refused to submit to a breath or blood test after being asked to take one by the police.

When the officer issues an Order of Suspension, he confiscates your driver’s license and may issue you a 45-day temporary paper license.

Your Right to an Administrative Hearing If You Receive an Order of Suspension

You have the right to ask for an administrative hearing if you were issued an Order of Suspension to argue why your driver’s license should not be suspended. You have the right to request a hearing within 30 days of the Order’s publication date.

You can also avoid having your driver’s license suspended by enrolling in the Interlock Ignition Program within 30 days of the date of the Order of Suspension. Your driver’s license cannot be denied, canceled, suspended, or revoked while enrolled in this program.

Repercussions of a DUI Charge

Depending on the circumstances, someone accused of a DUI in Maryland may immediately experience consequences to their license. The Maryland Motor Vehicle Administration (“MVA”) may automatically suspend a person’s temporary driver’s license if they are arrested and charged with DUI, especially when their Breathalyzer result is higher than the permitted limit of 0.08% blood alcohol content.

Implications of a DUI conviction

Anyone found guilty of DUI will immediately receive 12 points on their license and may also face jail time, fines, and court fees. In Maryland, a person’s license will be suspended, and they won’t be able to drive if they have 12 points or more on their driving record.

Finally, while no one can guarantee safety, you can take as many precautions as possible. The District Court will ask the MVA to lift your suspension once you have met the requirements. Keep in mind that your driving record will still reflect the suspension.

What are the Best Defenses for a DUI case in Maryland?

A DUI conviction carries severe consequences such as license suspension, huge fines, and perhaps jail time in Maryland. A criminal defense attorney can start looking into the specifics of your case and create a solid legal defense in case of an arrest. Below are the best defenses if you face an arrest for DUI in Maryland.

The Breath Alcohol or Blood Alcohol Test was Inaccurate

Most police officers use a breathalyzer or blood test to assess the suspect’s level of intoxication after arrest. There is a danger that the instrument would break down or the lab technician misinterpret the results. The breathalyzer testing helps to determine the amount of alcohol in your blood. It counts the number of breath alcohol particles in your lungs. This test might not be accurate and can serve as a defense for you at trial.

The Police Officer Engaged in an Illegal Stop

Police officers are not allowed to stop any car they want, and they must have a solid and convincing reason to suspect that the driver is breaking Maryland’s traffic laws. The burden of proof rests with the prosecution to demonstrate that they legally obtained the evidence used against the offender. If the police officer in your case pulled you over without a valid reason to believe you were breaking a traffic rule or other law, all the evidence might be unnecessary.

There Was No Evidence That You Were Driving a Vehicle

The prosecution must demonstrate that the suspect had physical control over a vehicle. Without the evidence of driving, the prosecutor cannot secure a conviction for DUI. Suspects sometimes wait until they are sober before starting the engine while seated in the driver’s seat. Defense attorneys can use this evidence to claim that the defendant was not actually in physical control of the car and cannot be guilty of DUI.

You Were Not Given the Chance to Contact Your Defense Attorney

Every suspect in a DUI case has the right to a defense attorney during the trial, primarily due to the time frame involved. The court will suppress any evidence acquired if there is a violation of the suspect’s right to an attorney.

In conclusion, you must contact a qualified criminal defense attorney if arrested or detained in Maryland for DUI.

Is there a Special Punishment for Recurring DUI Offenses in Maryland?

While being charged with drunk driving does not guarantee that you will be convicted and face penalties, it does mean that you should be aware of your defense options. Also, you should fully understand the penalties you could face. If a person has a recurring history of DUI offenses in Maryland, the severity of the penalties may increase, making it critical to present a timely and aggressive defense.

Repeated Offender Penalties

if a person has a previous DUI record for the previous five years, they may face harsher penalties in Maryland. A first-time offender faces up to a year in jail, a $1000 fine, and a suspended driver’s license, whereas a repeat offender faces several years in prison. For example, two DUIs within five years could result in two years in prison. However, if a person receives a third conviction, considered the third strike, they may face up to 5 years in prison. Furthermore, if a person faces a fourth DUI charge, they could face up to ten years in prison.

DUI (driving under the influence) vs. DWI (driving while intoxicated) in Maryland

DWI and DUI are both charges that the state of Maryland can bring against someone accused of driving while intoxicated. A repeat offender faces far harsher penalties, as the maximum jail sentence for DUI with one prior conviction is two years. Drivers with a blood alcohol concentration (BAC) of 0.07% or higher will face impaired driving charges under Maryland law (DWI). A person with a blood alcohol concentration (BAC) of 0.08% or higher will face driving charges (DUI). DUI charges are thus the more serious of the two. While prosecutors may simultaneously charge a defendant with DUI and DWI, only one of these charges is possible.

In conclusion, defendants convicted of DWI, on the other hand, may not face conviction of DUI because the elements of DWI fall short of those of DUI. DUI offenses in Maryland are, thus, essentially a more serious DWI.

Wicomico County DUI Charges | Eastern Shore Maryland

DUI Lawyers In Wicomico County, Maryland

The DUI laws in Maryland are pretty straightforward, but there can be a lot of factors surrounding a DUI charge. Although a DUI is a criminal offense, DUI charges are brought against you by the state and not by your victim or anyone else that was harmed as a result of the DUI incident. DUI charges mean that you will have to appear in court on the DUI charges and DUI offenses will stay on your record for an indefinite time period. DUI cases can be complicated depending on your case, but they do not have to be there are ways that you can help yourself in DUI cases.

Strict DUI Laws In Maryland

It’s important to note that the DUI laws in Maryland are strict, especially for repeat offenders or drivers under the age of 21. DUI is a crime that can be punishable as a misdemeanor or as a felony depending on your DUI history and any other factors surrounding your DUI case. DUI charges do not only encompass driving under the influence, but it also covers DUI’s where someone else was injured and DUI cases where you actually hurt someone. DUI penalties may include DUI fines, DUI jail time, and DUI license suspension. DUI charges can be very costly depending on your DUI case and the DUI penalties may include high DUI accident fees and DUI accident restitution.

DUI Charges VS DUI Arrest

A DUI charge is different from a DUI arrest because you do not actually have to be arrested for a DUI offense, but if you are arrested with any degree of DUI you will have to appear in court for DUI charges. DUI arrests can also come with DUI citations that are not criminal penalties, but they do indicate that the DUI police officer felt that there was enough probable cause for DUI charges. DUI arrests can become DUI convictions if the case goes to trial and it is up to the prosecutor to prove your DUI case beyond a reasonable doubt. DUI arrests can also come with DUI misdemeanors or DUI felonies depending on the DUI circumstances. For more information, contact our office to learn how. we may be able to help you.

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Do You Have to Submit to Field Sobriety Tests in Maryland?

Three Types Of Fied Sobriety Tests

When you are pulled over by a police officer and he or she suspects you have been drinking, you are usually asked to step out of the vehicle and perform three specific field sobriety tests. These tests are designed to determine if a person is too intoxicated to operate a vehicle and can be used in court against you either along with breathalyzer test results or alone. Here’s what you need to know about field sobriety tests and whether or not it’s legally required for you to submit to them in the state of Maryland. An experienced Criminal Defense Attorney can further explain your rights and responsibilities under the law.

The Subjectivity of Field Sobriety Tests

Although field sobriety tests are designed to be done the same way each time, they rely heavily on the observations of the testing officer. This makes the results largely subjective rather than factual. The testing officer will ask you to perform the tests and record his or her opinion on whether or not you performed the tests well enough to be considered sober and safe to drive or not. This can also lead to DWI Charges.

The Inaccuracy of Field Sobriety Tests

Field sobriety tests are also highly inaccurate. There are a number of medical conditions, environmental factors, and other issues that can cause false positives on field sobriety tests. For example, inner ear problems, vertigo, and Meniere’s disease can cause balance issues, which can result in failure to walk toe-to-toe in a straight line.

Do You Have to Consent?

In the state of Maryland, you do not have to consent to field sobriety tests in the same way you do a breathalyzer test. You will not be penalized if you decline to submit to field sobriety tests, however, it’s important to remember that you are required to submit to chemical testing (either breathalyzer, urine, or blood testing) or your license may be suspended. You can protect your rights during a traffic stop by politely declining to submit to field sobriety testing.

When to Contact an Experienced DWI Lawyer

If you’ve been arrested for driving under the influence of alcohol or drugs, it’s important that you contact an experienced DWI attorney as soon as possible. This is especially true if you submitted to and failed field sobriety tests. Your attorney can argue against the administration, subjectivity, and inaccuracy of the tests and potentially have them removed as evidence.

To learn more about getting legal help for DWI charges or to book a consultation, contact Britt Criminal Defense at (443) 614-6881.